Plant cleared in work fatality

However, OSHA fined Superior Concrete for hazards unrelated to the accident in July.

February 20, 2006|By Nin-Hai Tseng, Sentinel Staff Writer

TAVARES -- Federal officials have cleared a Sorrento concrete-block plant for the death of a Eustis electrician who fell last summer into a 35-foot-tall hopper.

But Superior Concrete Services Corp. has paid thousands of dollars in fines for exposing employees to hazards unrelated to the death of Larry Duane New.

New, 43, was a self-employed subcontractor working for Superior Concrete. The plant off County Road 46 makes concrete blocks used to build houses and other buildings. On July 5, crews found New's body at the bottom of a hopper filled with materials used to make concrete. They tried to dig him out of the muck but weren't successful.

Since there were no witnesses, it's unknown how New ended up in the hopper, according to Les Grove, area director for the Occupational Safety and Health Administration office in Tampa. The agency conducted an investigation into the fatality.

There were proper guardrails on the platform New was working on, Grove said. New was doing electrical work while the plant was testing machines that make concrete blocks. He was discovered missing after a foreman for Superior Concrete found a cap that belonged to the electrician inside the concrete-block machine, the investigation found. The foreman looked for New but instead found his foot protruding from the hopper.

The death investigation also prompted a look at Superior Concrete's practices. In January, OSHA fined the company $8,550 for violations. For instance, employees were exposed to rotating pulleys where guards were not in place to enclose the rotating parts.

Superior Concrete has paid the fine, said attorney Bruce Duncan, who represents the company.

Meanwhile, the concrete plant is still closed. Lake County officials forced the plant to shut down Dec. 22 after discovering the business did not have proper permits. The problem was discovered after neighbors complained about noise, county officials said.

Last month, Duncan asked county commissioners to reopen the plant while the company worked to get the necessary building and occupancy permits. Commissioners refused, though Duncan said Superior Concrete was on the brink of bankruptcy as the business was losing money every day it was closed.

Part of the plant where concrete is mixed is still operating because it has proper permits, Duncan and a county code-enforcement official said. However, the concrete-block plant, which employs about 20 to 25 people, still needs permits to reopen.

Last week, county officials were reviewing plans necessary to approve the permits. Some neighbors aren't thrilled with the anticipated reopening.

"When the block plant starts up again, it's going to be a nightmare," said Marilyn Whitney, who lives nearby.

The 60-year-old resident said the bang of trucks and plop of sandbags makes living in her neighborhood feel like a construction site. Whitney said she is trying to sell her home on Oak Avenue but the sight of the concrete-block plant has discouraged potential buyers.